CRIMINAL LAW
- branch of law that defines crimes, treats of their nature and
provides for their punishment
 “Nullum crimen nulla poena sine lege”
- there is no crime where there is no law punishing it
- when an act is not defined as a crime it will not be punished
 Elements that constitute a crime
o treats of their nature – principles
o penalty should be clear
 Three Fundamental Principles of Criminal Law
1. Generality – who are criminally liable
- criminal law of the country governs all persons within the
country regardless of their race, belief, sex or creed
(exceptions: ambassadors, chiefs of states, diplomatic
officials, treaties, stipulations)
2. Territoriality – where was the crime committed
- the penal laws of the country have force and effect only
within its territory
3. Prospectivity – when was the act committed
- act or omissions will only be subject to a penal law if they
are committed after a penal law had already taken effect
 Doctrine of In Dubio Pro Reo
- “When in doubt, for the accused.”
- a defendant may not be convicted by the court when a
doubt about his/her guilt exists (innocent until proven guilty)
o factual doubt – circumstances, evidences/ accused must be
acquitted/ proof beyond reasonable doubt (heaviest
quantum evidence)
o legal doubt – two or more interpretations of the law/ decides
in favor of the accused (guilt is establish by the prosecution)
 Void-for-Vagueness Doctrine – void or unenforceable when it is
too vague for an average person to understand
 Equipoise Doctrine – evidence of the prosecution and the
defense are evenly balanced, there will be tilting of the scales
in favor of the accused
 Ex Post Facto Law – law that retroactively changes the legal
consequences of actions that were committed or relationships
that existed, before the enactment of law
 Bill of Attainder – legislative act that single out an individual or a
group without trial
 Miranda Doctrine – specific right of any person of any person
who is taken into police custody is entitled to
 Sources of Criminal Law
1. Act 3815 (Jan. 1, 1932)
2. Special Penal Laws
3. Philippine Jurisprudence
4. Ordinances
Article 1: Time when Act takes effect
 RPC – prospectivity
Article 2: Application of its provisions
 International agreements
- 1st paragraph: generality
- 1-5: territoriality
- (1) ship or airship, (2) fake money (4) public officer
committed a crime that is part of his duty
Article 3
 Acts – things that you do
 Omissions – things that you ought to do but you did not do
 Dolo – intentional act
- Deceit: freedom, intelligence, intent to do that act
 Culpa – acts done by means of fault
- imprudence, lack of foresight, lack of skill, negligence
Article 4: Criminal liability
 Mens Rea
- mens: mental (concede in the mind), rea: evil/bad
- “evil mind”
- regardless of the intention it should still be punished (penalty
may be reduced or increased)
o Intent (modification)
1. error in personae – mistaken identity/ no effect/ can change
the penalty depending on the situation
2. praeter intentionem – intended act produced a different
result
3. aberratio ictus – mistake in blow(attack)
- “A wrongful act done by me against my will is not my act” –
threatened (Art. 11 Justifying Circumstances)
 Proximate Cause – the act is not the immediate cause
- “The cause of the cause of the evil caused is the cause of
the evil caused.”
- that cause which in natural and continuous sequence
unbroken by any efficient intermining cause produces the
injury and without which the result would not have occurred
- Doctrine of Res Ipsa Loquitur – thing speaks for itself
 Intent is different from motive.
 Motive – moving power which impels one to action for a
definite result
o proving a crime:
1. can’t identify the accused
2. there is no eyewitness
3. evidence presented are merely circumstantial
 Intent – the purpose to use a particular means to effect such
result
o Mala In Se
- intent is relevant
- usually crimes defined under RPC
- wrong in nature (adultery, murder, robbery, perjury)
o Mala Prohibita
- intent is not important
- mostly from Special Penal Laws
- wrong because the law prohibits it (RA 9165, jaywalking)
 Impossible Crime
- act which would be an offense against persons or property,
were it not for the inherent impossibility of its accomplishment
or an account of the employment of inadequate or
ineffectual means
- ex. poisoning, intention of killing but failed (A Menor)
Article 5
- there is an act that the judges think is punishable but it is really
not punishable
- recommendation to the Congress to modify an act
Article 6: Felony
 consummated – successful in committing the crime
 frustrated – failed to accomplish the crime
 attempted – performed act but not all the elements are present
Article 7
 Light felonies are punishable only when they have been
consummated. (Aresto Menor)
Article 8
 Conspiracy – two or more persons come to an agreement
concerning the commission of a felony and decide to do it
 Proposal – the person who has decided to commit a felony
proposes its execution to some other person/s
 it can become a crime = treason
Article 9
 Grave Felonies – law attaches capital punishment or penalties
which in any of their periods afflictive
 Less Grave Felonies – law punishes with penalties which in their
maximum period are correctional
 Light Felonies – law for the commission of which the penalty of
aresto menor or a fine not exceeding to 200 or both
Article 10
- offense in the future punishable by special laws are not subject
to this Code
- this Code shall be supplementary to such laws
- unless latter should specially provide the contrary
Article 11: Justifying Circumstances (D3EDO)
- eliminates liability
- no criminal and civil liability
1. self-defense
a. unlawful aggression (actual or eminent)
b. reasonable necessity, means employed to prevent or repel it
c. lack of sufficient provocation on the part of the person
defending himself (it is not you who provoked the act
2. defense of a relative – provocation came from you (spouse,
ascendants, descendants, legitimate, illegitimate, adopted,
consanguinity, fourth civil degree)
3. defense of stranger – there should be no revenge, resentment
or evil motive
4. avoidance of evil – an evil is about to happen and you tried to
avoid but still committed a crime/ civilly liable
a. evil existed
b. injury will be greater
c. no means of preventing it
5. duty – fulfillment of their duty
6. order – order of the superior and you are absolutely bound to
obey that order
Article 12: Exempting Circumstances
- there is a crime but there is no criminal
- no criminal liability but has civil liability
1. insanity – payment of damage is from properties/ it should be
proven with legal grounds that do not have the freedom in
doing a certain act
 imbecile – who has the mind of a child/ treated like a minor
2. minority
3. beyond 9 to 15 – discernment – ability to determine what is right
from what is wrong/ commit to proper authorities
 RA9344 – 15 beyond, 18 below is exempted from criminal
liability
- acted with discernment – diversion program
- acted without discernment – intervention program
4. accident – prove that you are acting with due care, that
everything is an accident/ no civil liability
5, 6, 7 – compelling force (acted against my will)
Article 13: Mitigating Circumstances
- reduces penalty (medium punishment)
a. Privileged Mitigating – lowers the penalty by one degree
b. Ordinary Circumstance – contribute in adjusting the penalty to
its minimum period
1. self-defense – missing element except unlawful aggression
2. RA9344, 70 years old – humanitarian reasons
3. praeter intentionem
4. provoked, revenge
5. revenge for the relative – act committed against your relative
and you wanted to avenge them
6. act committed because of impulse or was triggered
7. voluntary surrender – saves the money of the government
8. defect related to crime (deaf, dumb, blind)
9. illness
10. any circumstances that can qualify
Article 14: Aggravating Circumstances
- add/increase the penalty, against the accused (maximum)
 Qualifying Aggravating Circumstance – changes the nature of
the crime (ex. Art. 248 & 249 – Murder and Homicide)
- Homicide (RTemporal) simple act of killing + QAC = Murder
(RPerpetual-Death) who not falling within Art 246
- QAC of Murder: treachery, taking advantage of superior
strength, inconsideration
1. took advantage of the position (except: when it is already a
crime- inherent)
2. insult to the public authority – inherent direct assault, Art. 148
3. rank, age, sex, dwelling of the offended (except: house if for
business establishment/ inherent: trespassing, robbery)
4. ungratefulness
5. committed in the palace, with the presence of the Chief
Executive, public authorities, inside the Church
6. night time, uninhabited place, band (more than 3 armed
malefactor – a person w/ the intention of committing bad act)
7. committed a crime during a calamity of misfortune
8. defenseless victim
9. Recidivist – previously convicted with the same crime
10. Reiteracion – have been convicted, two crimes with different
penalty
11. there is a price, reward or promise
12. involves great waste and ruin
13. evident premeditation – there was a span of time wherein you
planned the commission of that offense
14. craft – trickery; fraud; disguise – concealed identity
15. advantage be taken of superior strength
16. alevosia (treachery) – crime against a person (backstabbing)/
frontal attack, surprised attack
17. ignominy – bring insult or humiliation upon the victim (ex. killed
in front of a child) more evil than the original crime
18. unlawful entry
19. trespassed and committed a crime
20. used minors in doing a crime
21. augmented – made worse/ cruelty
Article 15: Alternative Circumstances
- either increase or reduce penalty
 relationship – crime against a relative (obvious ungratefulness)
 intoxication – habitual drinker committed a crime
- RA9262 – intoxication is not an excuse
- got drunk, intent has been diminished (Mitigating)
 degree of instruction and education – finished a high and
committed a crime, used it as an advantage (low degree:
mitigating)
Other circumstances that affects criminal liability:
 Article 247 – destierro – exempt the spouse from criminal liability,
protection for the victim-suspect
 Seducer
 Public Act 9262 – Battered Woman Syndrome (JC)
- psychological disorder/ repeated violence
1. Tension-building Phase
2. Acute Battering Phase
3. Tranquil Phase
- happened twice, third with BWS = justified from criminal liability